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FLORIDA GAMING v. DEPARTMENT

Nos. 1D10-6780, 1D11-0130.

71 So.3d 226 (2011)

FLORIDA GAMING CENTERS, INC., a Florida Corporation; and West Flagler Associates, Ltd., a Florida Limited Partnership, Appellants, v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, an agency of the State of Florida, and South Florida Racing Association, LLC, a Florida Limited Liability Company, and Florida Pinball and Amusement, Inc., Appellees. Calder Race Course Inc., a Florida Corporation, Appellant, v. Florida Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, an agency of the State of Florida; and South Florida Racing Association, LLC, a Florida Limited Liability Company, and Florida Pinball and Amusement, Inc., Appellees.

District Court of Appeal of Florida, First District.

October 6, 2011.

Attorney(s) appearing for the Case

John M. Lockwood of Gunster, Yoakley & Stewart, P.A., Tallahassee, Michael S. Olin of Michael S. Olin, P.A., Miami, and Joel S. Perwin of Joel S. Perwin, P.A., Miami, for Appellants Florida Gaming Centers and West Flagler Associates in Case No. 1D10-6780.

Wilbur E. Brewton of Brewton Plante, P.A., Tallahassee, and Bruce S. Rogow and Cynthia E. Gunther of Bruce S. Rogow, P.A., Fort Lauderdale, for Appellant Calder Race Course, Inc. in Case No. 1D11-0130.

Garnett W. Chisenhall , Chief Appellate Counsel, Department of Business & Professional Regulation, Tallahassee, for Appellee The Department of Business and Professional Regulation.

Andrew T. Lavin of Navon & Lavin, P.A., Ft. Lauderdale, and Raoul G. Cantero , Rachel Wagner Furst , and John-Paul Rodriguez of White & Case LLP, Miami, for Appellee South Florida Racing Association, LLC.

David S. Romanik of David S. Romanik, P. A., Oxford, and Marc W. Dunbar and Daniel R. Russell of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for Appellee Florida Pinball and Amusement, Inc., in Case No. 10-6780.

DAVIS, J.

Appellants, Florida Gaming Centers, Inc. ("Florida Gaming"), West Flagler Associates, Ltd. ("West Flagler"), and Calder Race Course Inc. ("Calder"), appeal final judgments entered in favor of Appellees, the Florida Department of Business and Professional Regulation ("Department") and South Florida Racing Association, LLC ("South Florida Racing"). Appellants contend that the trial court erred in concluding that the Legislature's 2009 amendment to section...

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